DETAILED ACTION
This office action is a response to an amendment filed on 12/17/2025.
Response to Amendment
The Amendment filed on 12/17/2025 has been entered.
Claims 1-14 are pending
Claims 1-14 are amended
Claims 1-14 remain rejected.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), first paragraph:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation, “…determining key performance indicator (KPI) parameters based on determined allocation of physical layer resources and at least one of accumulated transport block sizes for the LTE cell and the NR cell, guaranteed bit rates (GBR) for the LTE cell and the NR cell, throughput associated with the LTE cell and the NR cell or interference associated with the LTE cell and the NR cell”. However, the limitation has no support in the specification. Therefore, the limitation is new matter.
Claim 3 recites the limitation, “…determining fairness index for maintaining fairness among a plurality of bearers of the LTE cell and a plurality of bearers of the NR cell based on the determined allocation of physical layer resources”. However, the limitation has no support in the specification. Therefore, the limitation is new matter.
Dependent claims are rejected due to their failure to correct the deficiencies of the parent claim as listed above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 7-8-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 20200221506 A1), hereinafter referenced as Jeon, in view of CHAUDHURI et al. (US 20230389004 A1), hereinafter referenced as Chaudhuri.
Regarding claim 1, Jeon teaches a method performed by a network entity in a wireless network (Figs. 1-3, Para. [0208]-Jeon discloses base stations (base station 1, 120A, and base station 2, 120B) and a wireless device 110. A wireless device may be called an UE. A base station may be called a NB, eNB, gNB, and/or ng-eNB. In an example, a wireless device and/or a base station may act as a relay node. The base station 1, 120A, may comprise at least one communication interface 320A (e.g. a wireless modem, an antenna, a wired modem, and/or the like), at least one processor 321A, and at least one set of program code instructions 323A stored in non-transitory memory 322A and executable by the at least one processor 321A. Para. [0198]-Jeon discloses radio transmission method ... Physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions. Para. [0384]-Jeon discloses a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.)), the method comprising:
determining a plurality of dynamic spectrum sharing (DSS) parameters for sharing of resources of a same carrier between a long-term evolution (LTE) cell and a new radio (NR) cell (Fig. 7A, Para. [0248]-Jeon discloses SC-FDMA {Single Carrier} technology, ..., an arrow 701 shows a subcarrier transmitting information symbols. In an example, a subcarrier spacing 702, between two contiguous subcarriers in a carrier, may be any one of 15 KHz, 30 KHz, 60 KHz, 120 KHz, 240 KHz etc. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0324]-Jeon discloses a wireless device may determine at least one UL radio resource where the wireless device transmits one or more TBs as a part of a two-step RACH procedure. The one or more UL radio resources may be indicated based on a frame structure in FIG. 6, and/or OFDM radio structure in FIG. 8, e.g., with respect to an SFN (SNR=0), slot number, and/or OFDM symbol number for a time domain radio resource, and/or with respect to a subcarrier number, a number of resource elements, a number of resource blocks, RBG number, and/or frequency index for a frequency domain radio resource. Para. [0344]-Jeon discloses the wireless device may determine a number of consecutive resource blocks and a number of consecutive symbols for the first control resource set of the first common search space. (See also Para. [0240]). Para. [0210]-Jeon discloses a carrier (downlink or uplink) may belong to one cell. The cell ID or cell index may also identify the downlink carrier or uplink carrier of the cell (depending on the context it is used). In the disclosure, a cell ID may be equally referred to a carrier ID, and a cell index may be referred to a carrier index. ... cell ID may be determined using a synchronization signal transmitted on a downlink carrier. A cell index may be determined using RRC messages),
determining an allocation of physical layer resources between the LTE cell and the NR cell based on the plurality of DSS parameters (Fig. 26, Para. [00031]-Jeon discloses radio resource allocation. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission), and/or parameters for determining one or more sequences and their shifts in the PRACH preamble sequence set (e.g., set type). Para. [0244]-Jeon discloses base station may semi-statically configure a UE with one or more CSI-RS resource sets. One or more CSI-RS resources may be allocated from one or more CSI-RS resource sets to one or more UEs. Para. [0385]-Jeon discloses apart from regulatory requirements, carrier sensing via LBT may be one way for fair sharing of the unlicensed spectrum. Para. [0388]-Jeon discloses an LBT procedure may be employed for fair and friendly coexistence of 3GPP system (e.g., LTE and/or NR) with other operators and technologies operating in unlicensed spectrum. (See also Para. [0204 and 0305]). Para. [0206]-Jeon discloses the base station may configure each logical channel in the plurality of logical channels with one or more parameters to be used by a logical channel prioritization procedure at the MAC layer of the wireless device. The one or more parameters may comprise priority, prioritized bit rate {corresponding to GBR} ... The MAC layer at the wireless device may multiplex one or more MAC CEs and/or one or more MAC SDUs (e.g., logical channel) in a MAC PDU (e.g., transport block). Para. [0426]-Jeon discloses presence and length of padding may be implicit based on TB size);
determining key performance indicator (KPI) parameters based on determined allocation of physical layer resources and at least one of accumulated transport block sizes for the LTE cell and the NR cell, guaranteed bit rates (GBR) for the LTE cell and the NR cell, throughput associated with the LTE cell and the NR cell or interference associated with the LTE cell and the NR cell (Fig. 26, Para. [00031]-Jeon discloses radio resource allocation. Para. [0538]-Jeon discloses base station may measure a congestion level of one or more channels (e.g., BWPs, and/or subbands). For example, the one or more channels may comprise one or more PRACH resources. The congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.). Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0399]-Jeon discloses dual connectivity between PCell (e.g., LTE cell) configured on a licensed band and PSCell (e.g., NR-U cell) configured on unlicensed band may be supported. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission)); and
performing the allocation of physical layer resources between the LTE cell and the NR cell based on the KPI parameters (Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.). Para. [0399]-Jeon discloses dual connectivity between PCell (e.g., LTE cell) configured on a licensed band and PSCell (e.g., NR-U cell) configured on unlicensed band may be supported. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission)).
Jeon fails to teach buffer occupancy (BO), …, and a packet delay budget (PDB).
However, Chaudhuri teaches determining a plurality of dynamic spectrum sharing (DSS) parameters for sharing of resources of a same carrier between a long-term evolution (LTE) cell and a new radio (NR) cell (Para. [0007]-Chaudhuri discloses BWP enables more flexibility in how allocating CCEs resources are assigned in each carrier ... enabling better utilization and adaptation of operator spectrum. Para. [0006]-Chaudhuri discloses (a) Resource Element: It is the smallest unit of the resource grid made up of one subcarrier in frequency domain and one OFDM symbol in time domain. (b) Resource Element Group (REG): One REG is made up of one resource block (12 Resource Element in frequency domain) and one OFDM symbol in time domain. (c) Control Channel Element (CCE): A CCE is made up multiple REGs. The number REG bundles within a CCE varies. (d) Aggregation Level: The Aggregation Level indicates how many CCEs are allocated for a PDCCH. Para. [0085]-Chaudhuri discloses the functions for Radio Resource control (RRC (109)) module (also referred to as radio resource management) may include: ... Dual Connectivity; Tight interworking between NR and E-UTRA),
the plurality of DSS parameters includes information on a buffer occupancy (BO), a modulation and coding scheme (MCS), and a packet delay budget (PDB) (Para. [0169]-Chaudhuri discloses RB {Resource Block} requirement is computed from the buffer occupancy (BO) status and UE reported CQI value. Para. [0156]-Chaudhuri discloses Buffer Status using Buffer occupancy and Buffer Overflow may be determined ... a Packet Delay Budget (PDB) defines an upper bound for the time that a packet may be delayed between UE and the UPF that terminates the N6 interface. For GBR QoS Flows using the Delay-critical resource type, a packet delayed more than PDB is counted as lost if the data burst is not exceeding the MDBV within the period of PDB and QoS Flows is not exceeding the GFBR. For GBR QoS flows with GBR resource type, the PDB shall be interpreted as maximum delay with a confidence level of 98% if the QoS flow is not exceeding the GFBR. Para. [0006]-Chaudhuri discloses to schedule the user's traffic data in the downlink direction, the two main PHY layer functionalities that comes in consideration are ... user's traffic data with respect to (i) Modulation (ii) Coding rate);
Jeon and CHAUDHURI are both considered to be analogous to the claimed invention because they are in the same field of wireless communication systems, dealing with improved resource sharing.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Jeon to incorporate the teachings of Chauhuri on DSS parameters, with a motivation to include information on a buffer occupancy (BO), a modulation and coding scheme (MCS), and a packet delay budget (PDB), and guarantee physical radio transmission enhancemnt by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions, (Jeon, Para. [0198]).
Regarding claim 8, Jeon teaches a network entity in a wireless network, the network entity comprising: a communicator; and at least one processor coupled to the communicator (Figs. 1-3, Para. [0208]-Jeon discloses base stations (base station 1, 120A, and base station 2, 120B) and a wireless device 110. A wireless device may be called an UE. A base station may be called a NB, eNB, gNB, and/or ng-eNB. In an example, a wireless device and/or a base station may act as a relay node. The base station 1, 120A, may comprise at least one communication interface 320A (e.g. a wireless modem, an antenna, a wired modem, and/or the like), at least one processor 321A, and at least one set of program code instructions 323A stored in non-transitory memory 322A and executable by the at least one processor 321A. Para. [0198]-Jeon discloses radio transmission method ... Physical radio transmission may be enhanced by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions. Para. [0384]-Jeon discloses a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.)), and configured to:
determine a plurality of dynamic spectrum sharing (DSS) parameters for sharing of resources of a same carrier between a long-term evolution (LTE) cell and a new radio (NR) cell (Para. [0210]-Jeon discloses cell ID may be determined using a synchronization signal transmitted on a downlink carrier. A cell index may be determined using RRC messages. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0324]-Jeon discloses a wireless device may determine at least one UL radio resource where the wireless device transmits one or more TBs as a part of a two-step RACH procedure. The one or more UL radio resources may be indicated based on a frame structure in FIG. 6, and/or OFDM radio structure in FIG. 8, e.g., with respect to an SFN (SNR=0), slot number, and/or OFDM symbol number for a time domain radio resource, and/or with respect to a subcarrier number, a number of resource elements, a number of resource blocks, RBG number, and/or frequency index for a frequency domain radio resource. Para. [0344]-Jeon discloses the wireless device may determine a number of consecutive resource blocks and a number of consecutive symbols for the first control resource set of the first common search space. (See also Para. [0240])),
determine an allocation of physical layer resources between the LTE cell and the NR cell based on the plurality of DSS parameters (Fig. 26, Para. [00031]-Jeon discloses radio resource allocation. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission), and/or parameters for determining one or more sequences and their shifts in the PRACH preamble sequence set (e.g., set type). Para. [0244]-Jeon discloses base station may semi-statically configure a UE with one or more CSI-RS resource sets. One or more CSI-RS resources may be allocated from one or more CSI-RS resource sets to one or more UEs. Para. [0385]-Jeon discloses apart from regulatory requirements, carrier sensing via LBT may be one way for fair sharing of the unlicensed spectrum. Para. [0388]-Jeon discloses an LBT procedure may be employed for fair and friendly coexistence of 3GPP system (e.g., LTE and/or NR) with other operators and technologies operating in unlicensed spectrum. (See also Para. [0204 and 0305]). Para. [0206]-Jeon discloses the base station may configure each logical channel in the plurality of logical channels with one or more parameters to be used by a logical channel prioritization procedure at the MAC layer of the wireless device. The one or more parameters may comprise priority, prioritized bit rate {corresponding to GBR} ... The MAC layer at the wireless device may multiplex one or more MAC CEs and/or one or more MAC SDUs (e.g., logical channel) in a MAC PDU (e.g., transport block). Para. [0426]-Jeon discloses presence and length of padding may be implicit based on TB size),
determine key performance indicator (KPI) parameters based on determined allocation of physical laver resources and at least one of accumulated transport block sizes for the LTE cell and the NR cell, guaranteed bit rates (GBR) for the LTE cell and the NR cell, throughput associated with the LTE cell and the NR cell or interference associated with the LTE cell and the NR cell (Fig. 26, Para. [00031]-Jeon discloses radio resource allocation. Para. [0538]-Jeon discloses base station may measure a congestion level of one or more channels (e.g., BWPs, and/or subbands). For example, the one or more channels may comprise one or more PRACH resources. The congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.). Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0399]-Jeon discloses dual connectivity between PCell (e.g., LTE cell) configured on a licensed band and PSCell (e.g., NR-U cell) configured on unlicensed band may be supported. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission)), and
perform the allocation of physical layer resources between the LTE cell and the NR cell based on the KPI parameters (Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.). Para. [0399]-Jeon discloses dual connectivity between PCell (e.g., LTE cell) configured on a licensed band and PSCell (e.g., NR-U cell) configured on unlicensed band may be supported. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission)).
Jeon fails to teach buffer occupancy (BO), …, and a packet delay budget (PDB).
However, Chaudhuri teaches determine a plurality of dynamic spectrum sharing (DSS) parameters for sharing of resources of a same carrier between a long-term evolution (LTE) cell and a new radio (NR) cell (Para. [0007]-Chaudhuri discloses BWP enables more flexibility in how allocating CCEs resources are assigned in each carrier ... enabling better utilization and adaptation of operator spectrum. Para. [0006]-Chaudhuri discloses (a) Resource Element: It is the smallest unit of the resource grid made up of one subcarrier in frequency domain and one OFDM symbol in time domain. (b) Resource Element Group (REG): One REG is made up of one resource block (12 Resource Element in frequency domain) and one OFDM symbol in time domain. (c) Control Channel Element (CCE): A CCE is made up multiple REGs. The number REG bundles within a CCE varies. (d) Aggregation Level: The Aggregation Level indicates how many CCEs are allocated for a PDCCH. Para. [0085]-Chaudhuri discloses the functions for Radio Resource control (RRC (109)) module (also referred to as radio resource management) may include: ... Dual Connectivity; Tight interworking between NR and E-UTRA),
the plurality of DSS parameters includes information on a buffer occupancy (BO), a modulation and coding scheme (MCS), and a packet delay budget (PDB) (Para. [0169]-Chaudhuri discloses RB {Resource Block} requirement is computed from the buffer occupancy (BO) status and UE reported CQI value. Para. [0156]-Chaudhuri discloses Buffer Status using Buffer occupancy and Buffer Overflow may be determined ... a Packet Delay Budget (PDB) defines an upper bound for the time that a packet may be delayed between UE and the UPF that terminates the N6 interface. For GBR QoS Flows using the Delay-critical resource type, a packet delayed more than PDB is counted as lost if the data burst is not exceeding the MDBV within the period of PDB and QoS Flows is not exceeding the GFBR. For GBR QoS flows with GBR resource type, the PDB shall be interpreted as maximum delay with a confidence level of 98% if the QoS flow is not exceeding the GFBR. Para. [0006]-Chaudhuri discloses to schedule the user's traffic data in the downlink direction, the two main PHY layer functionalities that comes in consideration are ... user's traffic data with respect to (i) Modulation (ii) Coding rate);
Jeon and CHAUDHURI are both considered to be analogous to the claimed invention because they are in the same field of wireless communication systems, dealing with improved resource sharing.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Jeon to incorporate the teachings of Chauhuri on DSS parameters, with a motivation to include information on a buffer occupancy (BO), a modulation and coding scheme (MCS), and a packet delay budget (PDB), and guarantee physical radio transmission enhancemnt by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions, (Jeon, Para. [0198]).
Regarding claims 2 and 9, Jeon in view of Chaudhuri teaches the method of claim 1 and The network entity of claim 8 respectively,
Jeon further teaches the plurality of DSS parameters further includes at least one of a cell identifier (ID), a radio network temporary Identifier (RNTI), a bandwidth, total number of resource blocks, a user equipment (UE) configuration, access and mobility management related parameters of a UE, a UE ID, channel model parameters, or a signal-to- noise ratio and a block error rate (Para. [0210]-Jeon discloses cell ID may be determined using a synchronization signal transmitted on a downlink carrier. A cell index may be determined using RRC messages. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0324]-Jeon discloses a wireless device may determine at least one UL radio resource where the wireless device transmits one or more TBs as a part of a two-step RACH procedure. The one or more UL radio resources may be indicated based on a frame structure in FIG. 6, and/or OFDM radio structure in FIG. 8, e.g., with respect to an SFN (SNR=0), slot number, and/or OFDM symbol number for a time domain radio resource, and/or with respect to a subcarrier number, a number of resource elements, a number of resource blocks, RBG number, and/or frequency index for a frequency domain radio resource. Para. [0344]-Jeon discloses the wireless device may determine a number of consecutive resource blocks and a number of consecutive symbols for the first control resource set of the first common search space. (See also Para. [0240])).
Regarding claims 3 and 10, Jeon in view of Chaudhuri teaches the method of claim 1 and The network entity of claim 8 respectively,
Jeon further teaches determining the throughput in the network entity and across neighboring cells of the LTE cell and neighboring cells of the NR cell based on the fairness index (Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.));
dertermining the interference across neighboring cells of the LTE cell and the neighboring cells of the NR cell based on the plurality of DSS parameters (Para. [0215]-Jeon discloses a temporary capability restriction request may be sent by the wireless device to signal the limited availability of some capabilities (e.g. due to hardware sharing, interference or overheating) to the base station. Para. [0322]-Jeon discloses the one or more configuration parameters may indicate at least one of following: ... inter-cell interference control parameter that may be used as a scaling factor of pathloss measurement. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.)).
Jeon fails to teach determining fairness index for maintaining fairness among a plurality of bearers of the LTE cell and a plurality of bearers of the NR cell based on the determined allocation of physical layer resources; … determining the KPI parameters based on the fairness index, the interference and the throughput in the network entity and across the neighboring cells of the LTE cell and the neighboring cells of the NR cell.
However, Chaudhuri teaches determining fairness index for maintaining fairness among a plurality of bearers of the LTE cell and a plurality of bearers of the NR cell based on the determined allocation of physical layer resources (Para. [0156-0157]-Chaudhuri discloses System KPIs ... Jain's fairness Index for ‘n’users can be calculated ri is the throughput o f the ithconnection, and n is the number of usersJain's fairness Index fo r ‘n’users can be calculated ri is the throughput of the ithconnection, an d n is the number of users. Para. [0022]-Chaudhuri discloses real time requirements in 5G cellular systems ... achieving optimal solution and the feasibility of implementation. Para. [0017]-Chaudhuri discloses approach is defined for LTE system. Fig. 8, Para. [0156-0162]-Chaudhuri discloses System KPIs ... Jain's fairness Index for ‘n’users can be calculated ... the method may include the step of computing number of UEs to be allocated. Para. [0085]-Chaudhuri discloses the functions for Radio Resource control (RRC (109)) module (also referred to as radio resource management) may include: ... Dual Connectivity; Tight interworking between NR and E-UTRA. Para. [0023]-Chaudhuri discloses improved MU-MIMO with respect to resource allocation mechanism without compromising on the user data-rate requirements … the QoS priority while selecting MU-MIMO candidate list which allows to maintain the scheduler KPIs);
determining the throughput in the network entity and across neighboring cells of the LTE cell and neighboring cells of the NR cell based on the fairness index (Para. [0156-0157]-Chaudhuri discloses System KPIs ... Jain's fairness Index for ‘n’ users can be calculated ri is the throughput of the i-th connection, and n is the number of users Jain's fairness Index for ‘n’ users can be calculated ri is the throughput of the i-th connection, an d n is the number of users. Para. [0022]-Chaudhuri discloses real time requirements in 5G cellular systems ... achieving optimal solution and the feasibility of implementation. Para. [0017]-Chaudhuri discloses approach is defined for LTE system. Para. [0085]-Chaudhuri discloses the functions for Radio Resource control (RRC (109)) module (also referred to as radio resource management) may include: ... Dual Connectivity; Tight interworking between NR and E-UTRA);
determining the interference across neighboring cells of the LTE cell and the neighboring cells of the NR cell based on the plurality of DSS parameters (Para. [0018]-Chaudhuri discloses transmitting information about the (at-least) preferred beam set to the BS to generate information indicating interference that at least one transmission beam of the BS exerts to the MS, based on a preferred reception beam comprised in the at least one preferred beam set and transmitting the generated interference information to the BS. Para. [0022]-Chaudhuri discloses real time requirements in 5G cellular systems ... achieving optimal solution and the feasibility of implementation. Para. [0017]-Chaudhuri discloses approach is defined for LTE system. Para. [0085]-Chaudhuri discloses the functions for Radio Resource control (RRC (109)) module (also referred to as radio resource management) may include: ... Dual Connectivity; Tight interworking between NR and E-UTRA); and
determining the KPI parameters based on the fairness index, the interference and the throughput in the network entity and across the neighboring cells of the LTE cell and the neighboring cells of the NR cell (Para. [0156-0157]-Chaudhuri discloses System KPIs ... Jain's fairness Index for ‘n’ users can be calculated ri is the throughput o f the i-th connection, and n is the number of users Jain's fairness Index for ‘n’ users can be calculated ri is the throughput of the i-th connection, an d n is the number of users. Para. [0022]-Chaudhuri discloses real time requirements in 5G cellular systems ... achieving optimal solution and the feasibility of implementation. Para. [0017]-Chaudhuri discloses approach is defined for LTE system. Para. [0085]-Chaudhuri discloses the functions for Radio Resource control (RRC (109)) module (also referred to as radio resource management) may include: ... Dual Connectivity; Tight interworking between NR and E-UTRA).
Chaudhuri is considered to be analogous because it is in the same field of wireless communication systems, dealing with systems and methods for an end-to-end solution for achieving MU-MIMO transmission, by providing a flexible framework for the selection of channel decomposition and significantly reduce computation complexity by limiting the number of prospective MU-MIMO candidates.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Jeon in view of Selva to incorporate the teachings of Chaudhuri on fairness index, with a motivation to determine fairness index for resource splitting for LTE and NR cell bearers, and ensure optimal solution for scheduling resources (symbols/sub-carriers, transmission powers and users) in the cellular eco system, (Chaudhuri, Para. [0022]).
Regarding claims 4 and 11, Jeon in view of Chaudhuri teaches the method of claim 3 and The network entity of claim 10 respectively,
Jeon further teaches determining, based on the plurality of DSS parameters, a first priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the LTE cell, and a second priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the NR cell (Para. [0206]-Jeon discloses the base station may configure each logical channel in the plurality of logical channels with one or more parameters to be used by a logical channel prioritization procedure at the MAC layer of the wireless device. The one or more parameters may comprise priority, prioritized bit rate {corresponding to GBR} ... The MAC layer at the wireless device may multiplex one or more MAC CEs and/or one or more MAC SDUs (e.g., logical channel) in a MAC PDU (e.g., transport block). Para. [0426]-Jeon discloses presence and length of padding may be implicit based on TB size. Para. [0385]-Jeon discloses apart from regulatory requirements, carrier sensing via LBT may be one way for fair sharing of the unlicensed spectrum. Para. [0388]-Jeon discloses an LBT procedure may be employed for fair and friendly coexistence of 3GPP system (e.g., LTE and/or NR) with other operators and technologies operating in unlicensed spectrum. (See also Para. [0204 and 0305]). Para. [0324]-Jeon discloses a wireless device may determine at least one UL radio resource where the wireless device transmits one or more TBs as a part of a two-step RACH procedure. The one or more UL radio resources may be indicated based on a frame structure in FIG. 6, and/or OFDM radio structure in FIG. 8, e.g., with respect to an SFN (SNR=0), slot number, and/or OFDM symbol number for a time domain radio resource, and/or with respect to a subcarrier number, a number of resource elements, a number of resource blocks, RBG number, and/or frequency index for a frequency domain radio resource).
Jeon fails to teach determining the fairness index using the first priority metric and the second priority metric.
However, Chaudhuri teaches determining, based on the plurality of DSS parameters, a first priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the LTE cell, and a second priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the NR cell (Para. [0071]-Chaudhuri discloses the system (109) can calculate, a user priority metric for each user traffic data queue based on the categorized user traffic data queue. Based on the calculated user priority metric, the system (109) can then determine a number of UEs to be allocated with a predefined service. The system (109) may be configured to maintain separate queues for the one or more services. The one or more services can include but not limited to, retransmission Queues, signalling radio bearer (SRB) Queues, Voice over New radio (VoNR) Queues, Guaranteed Bit Rate (GBR) Queues. Para. [0100-0107]-Chaudhuri discloses the MAC hosts the following main functions ... Mapping between logical channels and transport channels; ... Multiplexing/demultiplexing of MAC SDUs belonging to one or different logical channels into/from transport blocks (TB) delivered to/from the physical layer on transport channels; ... Priority handling between UEs by means of dynamic scheduling; [0106] Priority handling between logical channels of one UE by means of logical channel prioritization; [0107] Padding);
determining the fairness index using the first priority metric and the second priority metric (Para. [0023]-Chaudhuri discloses the QoS priority while selecting MU-MIMO candidate list which allows to maintain the scheduler KPIs. Para. [0156-0157]-Chaudhuri discloses System KPIs ... Jain's fairness Index for ‘n’users can be calculated ri is the throughput o f the ithconnection, and n is the number of usersJain's fairness Index fo r ‘n’users can be calculated ri is the throughput of the ithconnection, an d n is the number of users. Para. [0071]-Chaudhuri discloses the system (109) can calculate, a user priority metric for each user traffic data queue based on the categorized user traffic data queue. Based on the calculated user priority metric, the system (109) can then determine a number of UEs to be allocated with a predefined service. The system (109) may be configured to maintain separate queues for the one or more services. The one or more services can include but not limited to, retransmission Queues, signalling radio bearer (SRB) Queues, Voice over New radio (VoNR) Queues, Guaranteed Bit Rate (GBR) Queues. Para. [0100-0107]-Chaudhuri discloses the MAC hosts the following main functions ... Mapping between logical channels and transport channels; ... Multiplexing/demultiplexing of MAC SDUs belonging to one or different logical channels into/from transport blocks (TB) delivered to/from the physical layer on transport channels; ... Priority handling between UEs by means of dynamic scheduling; [0106] Priority handling between logical channels of one UE by means of logical channel prioritisation; [0107] Padding).
Chaudhuri is considered to be analogous because it is in the same field of wireless communication systems, dealing with systems and methods for an end-to-end solution for achieving MU-MIMO transmission, by providing a flexible framework for the selection of channel decomposition and significantly reduce computation complexity by limiting the number of prospective MU-MIMO candidates.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Jeon in view of Selva to incorporate the teachings of Chaudhuri on fairness index, with a motivation to determine fairness index for resource splitting for LTE and NR cell bearers using priority metric, and ensure optimal solution for scheduling resources (symbols/sub-carriers, transmission powers and users) in the cellular eco system, (Chaudhuri, Para. [0022]).
Regarding claims 7 and 14, Jeon in view of Chaudhuri teaches the method of claim 5 and The network entity of claim 12 respectively,
Jeon further teaches determining candidate bearers per cell of the LTE cell and the NR cell based on a first priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the LTE cell and a second priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the NR cell (Para. [0284]-Jeon discloses Multi-connectivity may also be described as having at least one bearer configured to use radio resources provided by the secondary base station. Para. [0206]-Jeon discloses base station may configure a plurality of logical channels for a wireless device. A logical channel in the plurality of logical channels may correspond to a radio bearer and the radio bearer may be associated with a QoS requirement. Para. [0200]-Jeon discloses Quality of Service (QoS) flow management and mapping to data radio bearers. Para. [0206]-Jeon discloses the base station may configure each logical channel in the plurality of logical channels with one or more parameters to be used by a logical channel prioritization procedure at the MAC layer of the wireless device. The one or more parameters may comprise priority, prioritized bit rate {corresponding to GBR} ... The MAC layer at the wireless device may multiplex one or more MAC CEs and/or one or more MAC SDUs (e.g., logical channel) in a MAC PDU (e.g., transport block). Para. [0426]-Jeon discloses presence and length of padding may be implicit based on TB size. Para. [0385]-Jeon discloses apart from regulatory requirements, carrier sensing via LBT may be one way for fair sharing of the unlicensed spectrum. Para. [0388]-Jeon discloses an LBT procedure may be employed for fair and friendly coexistence of 3GPP system (e.g., LTE and/or NR) with other operators and technologies operating in unlicensed spectrum. (See also Para. [0204 and 0305])); and
allocating the at least one resource to the at least one bearer of the plurality of bearers of the LTE cell and the at least one resource to the at least one bearer of the plurality of bearers of the NR cell using the slot based on the TDM mode (Para. [0253]-Jeon discloses a resource allocation may comprise parameters of resource block allocation; and/or slot allocation. Para. [0247]-Jeon discloses Slot(s) may comprise a plurality of OFDM symbols 604. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0424]-Jeon discloses on the first control resource set. The wireless device may determine a length of the time window based on the one or more parameters in the one or more RRC messages (e.g., ra-ResponseWindow). The length of the time window may be in number of slots. Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.)).
Claims 5-6 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 20200221506 A1), hereinafter referenced as Jeon, in view of CHAUDHURI et al. (US 20230389004 A1), hereinafter referenced as Chaudhuri, and further in view of SELVAGANAPATHY et al. (EP 3422799 A1), hereinafter referenced as Selva.
Regarding claims 5 and 12, Jeon in view of Chaudhuri teaches the method of claim 1 and The network entity of claim 8 respectively,
Jeon further teaches determining a slot for allocating the physical layer resources to the at least one bearer of the plurality of bearers of the LTE cell and at least one resource to the at least one bearer of the plurality of bearers of the NR cell based on the FDM mode or a time-division multiplexing (TDM) mode (Para. [0253]-Jeon discloses a resource allocation may comprise parameters of resource block allocation; and/or slot allocation. Para. [0247]-Jeon discloses Slot(s) may comprise a plurality of OFDM symbols 604. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0424]-Jeon discloses on the first control resource set. The wireless device may determine a length of the time window based on the one or more parameters in the one or more RRC messages (e.g., ra-ResponseWindow). The length of the time window may be in number of slots. Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.). Fig. 26, Para. [00031]-Jeon discloses radio resource allocation. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission), and/or parameters for determining one or more sequences and their shifts in the PRACH preamble sequence set (e.g., set type)); and
allocating at least one physical layer resource to the at least one bearer of the plurality of bearers of the LTE cell and at least one resource to the at least one bearer of the plurality of bearers of the NR cell in response to determining the slot (Para. [0253]-Jeon discloses a resource allocation may comprise parameters of resource block allocation; and/or slot allocation. Para. [0247]-Jeon discloses Slot(s) may comprise a plurality of OFDM symbols 604. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0424]-Jeon discloses on the first control resource set. The wireless device may determine a length of the time window based on the one or more parameters in the one or more RRC messages (e.g., ra-ResponseWindow). The length of the time window may be in number of slots. Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.). Fig. 26, Para. [00031]-Jeon discloses radio resource allocation. Para. [0346]-Jeon discloses the physical layer may receive one or more configuration parameters of one or more physical random access channel (PRACH) transmission parameters (e.g., the one or more PRACH transmission parameters may indicate PRACH preamble format, preamble index, a corresponding RA-RNTI, time resources, and/or frequency resources for PRACH transmission), and/or parameters for determining one or more sequences and their shifts in the PRACH preamble sequence set (e.g., set type)).
Jeon fails to teach determining the allocation of physical layer resources between at least one bearer of a plurality of bearers of the LTE cell and the at least one bearer of a plurality of bearers of the NR cell based on a frequency-division multiplexing (FDM) mode.
However, Selva teaches determining the allocation of physical layer resources between at least one bearer of a plurality of bearers of the LTE cell and the at least one bearer of a plurality of bearers of the NR cell based on a frequency-division multiplexing (FDM) mode (Figs. 1-2, Para. [0026-0027]-Selva discloses SgNB 250 determines to configure a GBR bearer as SCG-Split bearer with some resource commitment for the bearer provided by MeNB 220 as part of the split bearer. Figs. 2-3, Para. [0031]-Selva discloses SgNB 250 may determine (for example, implement a decision) to configure SCG bearer as split bearer. SgNB 250 may send SgNB-Addition-Response, at step 320, which may contain NR-SCG-Config which may contain the SCG-Split bearer configuration, and request for MCG bearer configuration along with its GBR requirements for the split part. This may be in line with the max allowed quality of service (QoS) level. Para. [0024]-Selva discloses SCG-Split bearer is a bearer type included in LTE-NR Dual connectivity {which both use the Orthogonal Frequency-Division Multiplexing (OFDM) principle for its downlink and uplink signals}. (See also Para. [0018]). Para. [0073]-Selva discloses sending a new radio (NR) SCG configuration as part of the LTE-RRC message to the UE if the master node device is able to allocate the resource for an MCG portion of the split bearer according to the at least one configuration);
Selva is considered to be analogous because it is in the same field of wireless networks, dealing with internetworking procedures for such networks.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Jeon in view of Chaudhuri to incorporate the teachings of Selva on resource splitting, with a motivation to determine optimal resource split between LTE and NR bearers based on FDM, and guarantee maximizing the reuse of existing specifications, (Selva, Para. [0002]).
Regarding claims 6 and 13, Jeon in view of Chaudhuri and Selva teaches the method of claim 5 and the network entity of claim 12 respectively,
Jeon further teaches selecting candidate bearers from the plurality of bearers of the LTE cell and the plurality of bearers of the NR cell based on a first priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the LTE cell and a second priority metric comprising an accumulated transport block size and a GBR of each bearer of the plurality of bearers of the NR cell (Para. [0284]-Jeon discloses Multi-connectivity may also be described as having at least one bearer configured to use radio resources provided by the secondary base station. Para. [0206]-Jeon discloses base station may configure a plurality of logical channels for a wireless device. A logical channel in the plurality of logical channels may correspond to a radio bearer and the radio bearer may be associated with a QoS requirement. Para. [0200]-Jeon discloses Quality of Service (QoS) flow management and mapping to data radio bearers. Para. [0206]-Jeon discloses the base station may configure each logical channel in the plurality of logical channels with one or more parameters to be used by a logical channel prioritization procedure at the MAC layer of the wireless device. The one or more parameters may comprise priority, prioritized bit rate {corresponding to GBR} ... The MAC layer at the wireless device may multiplex one or more MAC CEs and/or one or more MAC SDUs (e.g., logical channel) in a MAC PDU (e.g., transport block). Para. [0426]-Jeon discloses presence and length of padding may be implicit based on TB size. Para. [0385]-Jeon discloses apart from regulatory requirements, carrier sensing via LBT may be one way for fair sharing of the unlicensed spectrum. Para. [0388]-Jeon discloses an LBT procedure may be employed for fair and friendly coexistence of 3GPP system (e.g., LTE and/or NR) with other operators and technologies operating in unlicensed spectrum. (See also Para. [0204 and 0305]));
separating the candidate bearers per cell of the LTE cell and the NR cell based on the first priority metric and the second priority metric (Para. [0284]-Jeon discloses in multi connectivity, a radio protocol architecture that a bearer employs may depend on how a bearer is setup. In an example, three different type of bearer setup options may be supported: an MCG bearer, an SCG bearer, and/or a split bearer. A wireless device may receive/transmit packets of an MCG bearer via one or more cells of the MCG, and/or may receive/transmits packets of an SCG bearer via one or more cells of an SCG. Para. [0308]-Jeon discloses in per bearer split, different split options may be utilized for different bearers. In per slice splice, different split options may be applied for different slices. Para. [0206]-Jeon discloses the base station may configure each logical channel in the plurality of logical channels with one or more parameters to be used by a logical channel prioritization procedure at the MAC layer of the wireless device. The one or more parameters may comprise priority, prioritized bit rate {corresponding to GBR} ... The MAC layer at the wireless device may multiplex one or more MAC CEs and/or one or more MAC SDUs (e.g., logical channel) in a MAC PDU (e.g., transport block). Para. [0426]-Jeon discloses presence and length of padding may be implicit based on TB size. Para. [0385]-Jeon discloses apart from regulatory requirements, carrier sensing via LBT may be one way for fair sharing of the unlicensed spectrum. Para. [0388]-Jeon discloses an LBT procedure may be employed for fair and friendly coexistence of 3GPP system (e.g., LTE and/or NR) with other operators and technologies operating in unlicensed spectrum. (See also Para. [0204 and 0305])); and
allocating the at least one resource to the at least one bearer of the plurality of bearers of the LTE cell and the at least one resource to the at least one bearer of the plurality of bearers of the NR cell using the slot based on the FDM mode (Para. [0253]-Jeon discloses a resource allocation may comprise parameters of resource block allocation; and/or slot allocation. Para. [0247]-Jeon discloses Slot(s) may comprise a plurality of OFDM symbols 604. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0424]-Jeon discloses on the first control resource set. The wireless device may determine a length of the time window based on the one or more parameters in the one or more RRC messages (e.g., ra-ResponseWindow). The length of the time window may be in number of slots. Para. [0384]-Jeon discloses in a legacy system (e.g., LTE), licensed assisted access (LAA) and/or new radio on unlicensed band(s) (NR-U) may offer an alternative for operators to make use of unlicensed spectrum while managing one radio network, thus offering new possibilities for optimizing the network's efficiency. Para. [0538]-Jeon discloses congestion level may be determined based on one or more reports (e.g., key performance indicators) comprising a load information (e.g., interference level, throughput, number of drop calls, number of contentions, etc.)).
Response to Arguments
Applicant's Arguments/Remarks, filed on 00/00/2026, with respect to the 35 USC § 103 rejection of claims 1-14 have been fully considered. Applicant’s arguments are not persuasive.
In the remarks, on page 12, Lines [9-21], Applicant argues that, “Dl and D2 fail to disclose or render obvious "determining a plurality of dynamic spectrum sharing (DSS) parameters for sharing of resources of a same carrier between a long-term evolution (LTE) cell and a new radio (NR) cell, wherein the plurality of DSS parameters includes information on a buffer occupancy (BO), a modulation and coding scheme (MCS), and a packet delay budget (PDB); determining an allocation of physical layer resources between the LTE cell and the NR cell based on the plurality of DSS parameters; determining key performance indicator (KPI) parameters based on determined allocation of physical layer resources and at least one of accumulated transport block sizes for the LTE cell and the NR cell, guaranteed bit rates (GBR) for the LTE cell and the NR cell, throughput associated with the LTE cell and the NR cell or interference associated with the LTE cell and the NR cell; and performing the allocation of physical layer resources between the LTE cell and the NR cell based on the KPI parameters."”
However, the above limitations are disclosed in Jeon et al. (US 20200221506 A1) in view of CHAUDHURI et al. (US 20230389004 A1), as detailed above.
In the remarks, on page 13, Lines [8-9], Applicant argues that, “Dl fails to disclose any form of "Dynamic Spectrum Sharing (DSS)."”
However, Jeon teaches determining a plurality of dynamic spectrum sharing (DSS) parameters for sharing of resources of a same carrier between a long-term evolution (LTE) cell and a new radio (NR) cell (Para. [0385-0395]-Jeon discloses usage of LBT in the unlicensed bands, for example in 5 GHz unlicensed band. Apart from regulatory requirements, carrier sensing via LBT may be one way for fair sharing of the unlicensed spectrum … base station may transmit an uplink grant indicating a type of LBT (e.g., CAT2 LBT) to a wireless device. CAT1 LBT and CAT2 LBT may be employed for COT sharing … Channel occupancy time (COT) sharing may be employed in a radio access technology (e.g., LTE and or NR). COT sharing may be a mechanism that one or more wireless devices share a channel that is sensed as idle by at least one of the one or more wireless devices … The one or more wireless device may determine COT sharing based at least on the uplink grant and/or the particular LBT type. The wireless device may perform UL transmission(s) with dynamic grant and/or configured grant (e.g., Type 1, Type2, autonomous UL) with a particular LBT (e.g., CAT2 LBT such as 25 us LBT) in the configured period, for example, if a COT sharing is triggered. Fig. 7A, Para. [0248]-Jeon discloses SC-FDMA {Single Carrier} technology, ..., an arrow 701 shows a subcarrier transmitting information symbols. In an example, a subcarrier spacing 702, between two contiguous subcarriers in a carrier, may be any one of 15 KHz, 30 KHz, 60 KHz, 120 KHz, 240 KHz etc. Para. [0295]-Jeon discloses UE may determine an RA-RNTI at least based on an index of a first OFDM symbol and an index of a first slot of a selected PRACH occasions, and/or an uplink carrier index for a transmission of Msg1 1220. Para. [0324]-Jeon discloses a wireless device may determine at least one UL radio resource where the wireless device transmits one or more TBs as a part of a two-step RACH procedure. The one or more UL radio resources may be indicated based on a frame structure in FIG. 6, and/or OFDM radio structure in FIG. 8, e.g., with respect to an SFN (SNR=0), slot number, and/or OFDM symbol number for a time domain radio resource, and/or with respect to a subcarrier number, a number of resource elements, a number of resource blocks, RBG number, and/or frequency index for a frequency domain radio resource. Para. [0344]-Jeon discloses the wireless device may determine a number of consecutive resource blocks and a number of consecutive symbols for the first control resource set of the first common search space. (See also Para. [0240]). Para. [0210]-Jeon discloses a carrier (downlink or uplink) may belong to one cell. The cell ID or cell index may also identify the downlink carrier or uplink carrier of the cell (depending on the context it is used). In the disclosure, a cell ID may be equally referred to a carrier ID, and a cell index may be referred to a carrier index. ... cell ID may be determined using a synchronization signal transmitted on a downlink carrier. A cell index may be determined using RRC messages).
In the remarks, on page 13, Lines [14-15], Applicant argues that, “the applied references fail to disclose or render obvious the above identified claim features recited in independent claims 1 and 8.”
However, Jeon et al. (US 20200221506 A1) and CHAUDHURI et al. (US 20230389004 A1) are both considered to be analogous to the claimed invention because they are in the same field of wireless communication systems, dealing with improved resource sharing.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Jeon to incorporate the teachings of Chauhuri on DSS parameters, with a motivation to include information on a buffer occupancy (BO), a modulation and coding scheme (MCS), and a packet delay budget (PDB), and guarantee physical radio transmission enhancemnt by dynamically or semi-dynamically changing the modulation and coding scheme depending on transmission requirements and radio conditions, (Jeon, Para. [0198]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/OO/
Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472